Watch more How to Find Public Records & Legal Documents videos: http://www.howcast.com/videos/262097-How-to-Do-a-Transfer-of-Property
Transferring property can be a daunting task, but you can get through the process using these steps.
Step 1: Meet with a real estate agent or an attorney
Consult a real estate agent or attorney who deals with the transfer of real property to determine the best legal way to do it. Real property refers to buildings and land. Each state has different rules dealing with property transfer issues and taxes.
Step 2: Meet with a title company
Find a title company to perform a title search and make sure there are no liens or delinquent taxes owed on the property.
Step 3: Sign and notarize contract and deed
Meet with the other party involved, along with the attorneys, to have the contract and deed signed and notarized.
Tip
Consult your attorney and establish a living trust if you want to transfer property to your heirs in a will.
Step 4: File with the county court
File the deed with the county court. Make sure the deed is registered in the name of the right person, and if not, follow up with your attorney.
Did You Know?
Did you know? The federal government owns 85% of land in Nevada.

Hey there once again welcome back to wow lessons. I am your host Sameer, today I want to talk about different types of wills, what they are, and what are some of the terms surrounding those wills? Hopefully, this video provides you with some helpful information and clears things up for you, so let's get started.
Most people want to plan for what happens after they're gone and that's where wills and trusts come in. A will is best for stating your intention about distributing money and property. The importance of Will cannot be stressed enough as lakhs of civil cases are pending before various Courts for resolving inheritance disputes. Hence, it's very important to learn about the benefits of having a Will. In today's video, we will deal with eight types of wills. The first one is
Conditional Will
Privileged Will
Unprivileged Wills
Mutual Wills
Concurrent Wills
Joint will
Duplicate Wills
Sham Will
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What is PROBATE? What does PROBATE mean? PROBATE meaning - PROBATE definition - PROBATE explanation.
Source: Wikipedia.org article, adapted under https://creativecommons.org/licenses/by-sa/3.0/ license.
Probate is the legal process whereby a will is "proved" in a court and accepted as a valid public document that is the true last testament of the deceased.
The granting of probate is the first step in the legal process of administering the estate of a deceased person, resolving all claims and distributing the deceased person's property under a will. A probate court decides the legal validity of a testator's (person's) will and grants its approval, also known as granting probate, to the executor. The probated will then becomes a legal instrument that may be enforced by the executor in the law courts if necessary. A probate also officially appoints the executor (or personal representative), generally named in the will, as having legal power to dispose of the testator's assets in the manner specified in the testator's will. However, through the probate process, a will may be contested.
The English noun "probate" derives directly from the Latin verb probare, to try, test, prove, examine, more specifically from the verb's past participle nominative neuter probatum, "having been proved". Historically during many centuries a paragraph in Latin of standard format was written by scribes of the particular probate court below the transcription of the will, commencing with the words (for example): Probatum Londini fuit huismodi testamentum coram venerabili viro (name of approver) legum doctore curiae prerogativae Cantuariensis... ("A testament of such a kind was proved at London in the presence of the venerable man ..... doctor of law at the Prerogative Court of Canterbury...") The earliest usage of the English word was in 1463, defined as "the official proving of a will". The term "probative," used in the law of evidence, comes from the same Latin root but has a different English usage.

www.fdrlaw.co.uk
https://www.fdrlaw.co.uk/site/for-you/inheritance-disputes-solicitors/
Our Will & Disputes specialists, Stephen Lawson (Partner) and Jennifer McGuinness (Associate Solicitor), talk about how FDR Law can help you when there are concerns over a Will or Inheritance.
FDR Law understand these types of disputes can be emotional and involve sensitive issues. We will handle your case with care and understanding, delivering calm, professional advice on bringing or defending a claim. Our knowledge and expertise enable us to offer a wide range of services within this specialist area of law.
The FDR Law team are full members of The Association of Contentious Trusts & Probate Specialists (ACTAPS) and The Society of Trust & Estate Practitioners (STEP). FDR Law's Head of Litigation, Stephen Lawson, is Chair of STEP Cheshire, a member of the Worldwide Council, the Law Society’s Wills & Equity Committee and he is the author of “Testamentary Capacity” with Frost & Jacoby (published by Oxford University Press).
If you are looking for expert advice, we would be happy to discuss this with you either in person or over the phone.
CALL 01925 230000 TODAY
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https://www.fdrlaw.co.uk/site/for-you/inheritance-disputes-solicitors/
We're often asked to represent people who make a challenge to a Will or an Estate but equally about 50% of our work applies to people where we're defending claims. The steps that we take in every case are to investigate a case properly and thoroughly and once we've done that we agree on a plan of action and a strategy with our clients to get the best results as quickly and as economically as possible. We're very much client led so we will adapt how we work to that particular client, there will be very difficult and sensitive issues that come up in these cases it's inevitable. We are able to adapt to that and to ensure that the client feels comfortable and that they know that we're approachable we are a very approachable team and we will cater for any specific concerns that any client would have equally when it calls for it a stronger line to be taken, then that can be taken as well if a client has their objective of trying to reconcile or build any bridges along the way then absolutely we will make sure that we do everything we can to cater for that. If a client wants to instruct us, I believe that they get the three E's that's Experience, Expertise and Excellence. In relation to Experience if there's any sort of Inheritance Dispute we'll have done that before we know the answers and we'll know how to guide you through that journey. In relation to Expertise, we're nationally recognised we believe in excellence of outcome. We have Lexel accreditation which means that members of the public can have confidence that they will get an Excellent result from FDR Law. We have been practicing in this area for many many years we have a great track record, it doesn't matter to us whether our clients are local or elsewhere in the country we operate nationwide, we have a nationwide client base and we are happy to cater for clients to ensure that we can take instructions no matter where they're located.

How can you get a copy of someone's will? Within 10 days of someone's death, whoever has possession of their original will must put it on deposit with the probate court.
Eric: Thank you. My dad is 94 and he has a will but we can’t find. How can we get a copy of my dad’s will? Can I get a copy of a will from the court?
Attorney Tom Olsen: While someone is alive in Florida, their will is not filed or recorded anywhere. Once somebody passes away, the law states that whoever has possession of that person’s original will is obligated to file the will with the probate court in the County where the person resides within 10 days of their death. Once they file that will with the probate court, it is public record and anyone can get a copy of the will. If someone filed the will after your dad died, yes you can get a copy of it.
Eric: My dad is alive, we just can’t find his will. We’ve looked all over for it.
Attorney Tom Olsen: If your dad is legally competent, he should have a new will prepared. When Olsen Law Group does a will for someone, we actually do four different documents. We do the last will and testament. We do a living will declaration, a power of attorney for healthcare health care surrogate and a power of attorney for financial affairs.
Chrissy: Because people don’t realize that if dad does get Alzheimer’s and he needs to help him pay his bills, he needs that financial durable power of attorney.
Attorney Tom Olsen: We do house calls and hospital calls. We travel all over Central Florida, going to people’s homes because we’re in a service industry. That’s what it takes to get their businesses come to your home.
Attorney Tom Olsen: Eric, if you want to call Chrissy and be in touch with Chrissy as early as today by getting that done for your dad, you can call or text Chrissy any time, 407-808-8398.
Call or text Chrissy at 407-808-8398 if you need a lawyer or attorney in Central Florida including Orlando, Winter Park, Windermere, Daytona Beach, The Villages, Melbourne, Altamonte Springs, Lake Mary, Longwood, College Park, Bay Hill, Oviedo, Sanford, DeLand, DeBary, Deltona, Leesburg, Clermont, Thornton Park, Baldwin Park, Ponce Inlet, New Smyrna, Ormond Beach, St. Augustine, Kissimmee. Olsen Law Group in Orlando at 407-423-5561.
The Olsen on Law Radio Show is the longest running legal talk show in the country having started in June 1986.

Contact http://www.scriberlaw.com/ or call (404) 939-7562
http://www.scriberlaw.com/probate/
{TRANSCRIPT}
In the hours and days after the loss of a person close to you, there are several steps that need to be taken.
The first thing you should do is find any estate documents they may possess. By far, the most important, and common, estate document is the Last Will and Testament. This document lays out what the deceased wanted to happen with their estate and who they want to care for any children under the age of 18. Under Georgia law, the Last Will and Testament must be filed with the probate court of the county where the deceased last lived in a reasonable period of time.
Review the terms of the Last Will and Testament. You must alert whoever is named as the Executor or Personal Representative that they have this responsibility, which can be declined.
Additionally, the deceased may have left other financial documents, such as life insurance policies, bank accounts, and retirement accounts. These policies often have beneficiaries listed. Notify, or have the Executor of the estate notify, those beneficiaries immediately. If you have been named a beneficiary, contact the company directly and file a claim.
If you have reason to believe any of these documents are in a safe deposit box belonging to the deceased, you can petition the probate court to see the box’s contents. When the request is valid and appropriate, many courts will typically grant these orders in a matter of days. If you have questions when reviewing, preparing or filling the request, we urge you to contact an attorney to assist.
Finally, you should have multiple copies of the death certificate for the deceased. If you need to obtain one, it can be obtained through the vital records department of the county where the deceased died or through the Georgia Department of Public Health. You may need to provide a copy of the death certificate to financial institutions, insurance companies, and to various government agencies. Additionally, probate courts require a copy of the death certificate to set up an estate.
About Stephen Scriber:
Stephen Scriber, a graduate of Duke University School of Law, is an experienced wills, trusts, and estate planning practitioner, with offices in Marietta and Midtown Atlanta. He believes in serving his client’s needs with commitment, integrity, and honesty while minimizing costs and stress. In addition to running a growing practice, he has numerous involvements with charitable and nonprofit organizations in Atlanta, serving as Vice President/incoming President of the Stonewall Bar Association of Georgia. He also is a member of the Atlanta Leadership Committee of Lambda Legal, the Atlanta Bar Association, the Gate City Bar Association, and the Duke Club of Atlanta.
Marietta Office
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MORE: http://www.StoryofAmerica.org/pantego
Story of America's Eric Byler has been threatened with arrest by Vidant corporate police and banned from property. 2nd degree trespassing will be the charge if he is found on the property again.
Byler said of Vidant Health, Inc. "They have a corporate police department and apparently it is justified. In Greenville, when they cut back on police officers, cars were broken into at their giant medical complex headquarters. However, in this case they seem to be using their police department to prevent me from taking and posting photos of activities at the hospital in Belhaven."
Under Chapter 74E of the North Carolina General Statutes, the Attorney General is given the authority to certify an agency as a company police agency and to commission an individual as a company police officer.
Byler described the police officer, who asked to remain anonymous as polite and professional. He went on to say of Vidant Health's police force, "In Greenville they seem to have a public safety role. In Belhaven, I'd have to call it a public relations role…. I say that there is a PR element to my encounters with Vidant's police force because (a) the first person to prohibit me from filming on Vidant property was their top corporate PR person and (b) more than one officer has told me the issue is not trespassing but the fact that I am filming and taking photos."
MORE: http://www.StoryofAmerica.org/pantego

Secret and half-secret trusts do not meet the formalities set out in section 9 of the Wills Act 1837 but are still enforced by the courts to promote equity, justice and fairness as well as to prevent unjust enrichment and fraud.
These types of trust arise where a testator creates a will but wishes to leave property to a person they do not want to be named. Instead the property is left to a confidant known as a secret trustee who acts as an intermediary.
Whereas a secret trust is not mentioned at all in the will, a half-secret trust is mentioned though the relevant details (such as the beneficiary) are not provided.
According to Ottaway v Norman [1972] there are three things that must be established for such a trust:
1. An intention to benefit the person who cannot be named.
This must be an intention to create a trust obligation rather than a mere moral obligation (McCormick v Grogan (1869))
2. Communication of that intention to the secret trustee.
Communication can be written or oral but must include the intention to establish the trust as well as any relevant terms (Re. Boyes (1884)). These terms include the beneficiary and the subject matter. Certainty of subject matter is important because if funds are added to the trust and that is not communicated to the secret trustee then that addition will not be valid (Re Colin Cooper [1939]). For secret trusts the communication must take place prior to death (Moss v Cooper (1861)) but for half-secret trusts the communication must take place prior to the execution of the will as per Lord Sumner in Blackwell v Blackwell [1929].
3. Acceptance by the secret trustee of that obligation.
Acceptance can be express or implied.
Secret trusts can also arise in cases of intestacy where the testator knows that property will pass to a certain beneficiary on death (Sellack v Harris (1708)).
If the trust fails the property may either simply go to the beneficiary (the proposed secret trustee) or there will be a resulting trust back to the testator’s estate (Vandervell v IRC [1967]).
The rules of evidence can provide major hurdles in the context of secret and half-secret trusts. For example the parol evidence rule prioritises written evidence (such as the will) over oral testimony. Furthermore the standard of proof requires “the clearest and most indisputable evidence” as per Lord Westbury in McCormick v Grogan (1869) because the claim is essentially an allegation of fraud.
In cases of joint ownership where one person knows about the secret trust and one does not then the question is when the person who knew accepted the role of secret trustee. If it was before the will was made then all joint owners are bound whereas if it was afterwards then only the secret trustee will be bound.

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At the death of one spouse, his or her half of any jointly owned assets property goes to the surviving spouse.
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Attorney Tom Olsen is host of the Olsen on Law Radio Show on FM 96.5 WDBO in Orlando. You can reach Tom at 407-423-5561 or [email protected] Tom has been answering legal questions on his radio show for over 30 years and has been practicing law in Orlando, Florida for over 30 years. Also, TEXT or call Chrissy Merrill at 407-808-8398 with your legal questions.
The Olsen on Law Radio Show is the longest running legal radio show in the world.
Produced by Professional Media Ideas. Call or text Chrissy Merrill at 407-808-8398 or by email at [email protected]
Transcript:
Larry: I have a question about an asset, if a husband and wife jointly hold an asset such as a mortgage on a property that they sold, if one of them dies, does that have to go through probate or does it pass directly to the surviving spouse?
Attorney Tom Olsen: It wd pass directly to the surviving spouse.
Larry: Okay.
Attorney Tom Olsen: Most married couple owns everything jointly, that's their home, their real estate, their bank accounts, this mortgage that you're speaking of. Anything that they own jointly, if one of them passes away, it all automatically passes to the survivor, no probate required. Probate would come into play when the second of you pass away or if you both happened to die in a common accident.
Larry: Okay, so then if you want to transfer that mortgage to somebody, you would just sign with a- probably have to have a death certificate with it?
Attorney Tom Olsen: You mean if you happen to pass away, what would your wife do?
Larry: No. Well, if she passes away and I wanted to assign that mortgage to somebody else.
Attorney Tom Olsen: Okay. Larry, yes, if she passed away all you have to do is record her death certificate in the public records. That will tell the whole world that you're now the sole owner of this mortgage and wd give you the free rights to transfer to somebody else.
Larry: Okay, fine. Thank you.
Attorney Tom Olsen: All right, Larry. Thank you for calling. Hey, folks. My name is Tom Olsen and the name of the show is Olsen on Law.

Schedule your Free Consultation: https://anthonyspark.acuityscheduling.com
Are probated wills public record?
Yes, in New York they are.
Go to the county where the person passed away and each county courthouse will have a records room or a bank of computers where you can pretty easily search by last name, date of death, file number, or many other search parameters to figure out and find the file of the person who passed away.
And in each file, there will be a PDF folder where you can quickly look at a scanned version of the will, and for I think 25 cents a page, print a copy for yourself.
If you're concerned about your privacy, well let me just point this out.
This is not something that anyone can access from home or with an internet connection.
You have to actually come down to the courthouse, stand on line, go through the security metal detectors, so although it's public, it is a pain, and it's not something that anyone can access willy nilly from their couch or from their work computer.
Hope you found this helpful. Take care.
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www.Kahanelaw.com
Do all wills / estates need to be probated? Do all estates if there is no will need to be probated (or letter of administration). Executors (personal representatives) of estates often ask these questions. This video goes over when it is absolutely necessary to have an estate probated through the surrogate court in Alberta. Know the probate process. Keep yourself and the estate from being sued.
The Kahane Law Legal Minute is brought to you by Jeff Kahane of Kahane Law in Calgary, Canada. http://www.KahaneLaw.com/ (403) 225-8810
Kahane Law Legal Minute - Do All Wills Have to be Probated
Do you have a legal question you'd like "The Kahane Law Legal Minute" to answer? Add your legal question in the comments below or contact us at [email protected]
WARNING: This presentation is for LEGAL INFORMATION ONLY. Laws will vary by jurisdiction. They also may change by legislation or court ruling. Each situation is different and no one rule applies to every situation so it is IMPORTANT for you to contact a lawyer to get legal advice specific to your situation.

If you die without a will, the law decides how your money, possessions, and property get distributed. In this session, Professor Woodman will discuss why it’s important to have a will, what happens if you die without one, and what to think about in special circumstances such as getting divorced, living common law, and providing for a disabled family member. She’ll also cover how to bequeath beloved pets and the grey area of what happens to “digital assets” such as your Facebook and LinkedIn accounts after death.
Presented by Professor Faye Woodman, Schulich School of Law on February 24, 2016.
MINI LAW SCHOOL is a free series of engaging public lectures that will give you a taste of what a legal education is all about. There's no cost to attend - and better still, no tests to write - just come with a curious ear to listen to fascinating lectures from some of the law school's most talented faculty.
For more information, visit our website: dal.ca/law
Thanks for watching!

http://worldwidelawyers.co.uk How to deal with a deceased estate where there is a Spanish Will covering assets in Spain. Helpful tips if you need to obtain Probate for a Spanish Will or if someone has died with assets in Spain and you are dealing with estate administration in Spain. Why it is helpful to have a separate Spanish Will.

Wills Property, as the exclusive selling agent, is pleased to present a unique opportunity to purchase the apartment block at 57 Elizabeth Bay Rd, Elizabeth Bay.
This three storey walk-up apartment block is comprised of ten units. Minutes away from Sydney city, The Royal Botanic Gardens, as well as many local shops and public transportation, you could not ask for more.

Our Man on the Land Bill also known as Bill for short, is at it again. http://republicforarizona.org In today's presentation [which is for information and entertainment purposes only] we talking about the executor pronounced ex'-cec-ut-or like the guy who chops off the tyrants heads after the revolution. Or the upstart who challenges the will of the state when the revolution doesn't go as planned. Like I said entertainment purposes only!
There was a death that occurred on the date you were berth. You know him well, he is called STRAWMAN, you know the guy who has the same name as yours only his name is in ALL CAPS. There was a executor that was created...that's YOU. His job is to handle the affairs of the dead guy, the STRAWMAN.
Unfortunately for those who are not Secured Party Creditors have given power of attorney to the government in the form of drivers license, marriage certificate and social security card, so the government is the executor. Now you know why you're not winning in the probate courts. Hint: they are all probate courts!
The executor is the person which we know is a corporation or corpse which is dead. The executor has the following duties:
There is an honor and a burden to serve as someone's executor. An executor is entrusted (trust)with responsibility for winding up someone's earthly affairs -- a big or little task, depending on the situation. Essentially, an executor is charged, (has a blue pen ready to effect payment) with protecting a deceased person's property (the corps, the legal entity, or Strawman) until all debts and taxes have been paid, ( on the public and private side), and seeing that what's left is transferred to the people who are entitled to it, (possibly the beneficiary , Realman,).
The law does not require an executor (also called a personal representative) to be a legal or financial expert, but it does require the highest degree of honesty, impartiality, and diligence. This is called a "fiduciary duty" -- the duty to act with scrupulous good faith and honesty on behalf of someone else.
Executors have a number of duties, depending on the complexity of the deceased person's financial and family circumstances. Typically, an executor mustFind the deceased person's assets and manage them until they are distributed to inheritors.(I found the se estque trust and registered it internationally, with a BC bond and indemnified all parties with a IB bond, insurance policy, and opened up a checking account to offset all debts or bills the dead corps has aquired or will aquire in future indebtedness) This may involve deciding whether to sell real estate or securities owned by the deceased person,(as long as it is debt.)
Decide whether or not probate court proceedings are needed. Most jointly owned assets pass to the surviving owner, without probate. And if the deceased person's property is worth less than a certain amount (how much depends on state law), it may be able to go through a streamlined probate process. (To learn more about probate, see Probate FAQ.)
Figure out who inherits property. If the deceased person left a will, the executor will read it to determine who gets what. If there's no will, the person in charge (sometimes called the administrator) will have to look at state law (called "intestate succession" statutes) Intestate means "without a testament," to find out who the deceased person's heirs are.
File the will (if any) in the local probate court. Generally, this step is required by law, even if no probate proceeding will be necessary.
Handle day-to-day details. This may include terminating leases and credit cards, and notifying banks and government agencies -- such as the Social Security Administration, the post office, Medicare, and the Department of Veterans Affairs -- of the death.!!!!!!!!!!!!!!!!!!!!!!wow!!!
Set up an estate bank account. This account will hold money that is owed to the deceased person -- for example, paychecks or stock dividends.
Use estate funds to pay continuing expenses. The executor may need to pay, for example, utility bills, mortgage payments, and homeowner's insurance premiums.!!oh wow!!!
Pay debts. If there is a probate proceeding, the executor must officially notify creditors of it, following the procedure set out by state law.(notice needs to be received by the court on the private side as not to bring public attention to the executor.)
Pay taxes. A final income tax return must be filed, covering the period from the beginning of the tax year to the date of death. State and federal estate tax returns are required only for large estates.( mine is pretty large I hope 80 M will take care of it.)
Supervise the distribution of the deceased person's property. The property will go to the people or organizations named in the will or those entitled to inherit under state law.( Me the beneficiary)
http://republicusa.myisystem.com/profile4.php

http://www.skipease.com/record-search/
This video will show you how to find official federal, state, county and local US government public records online using the best public recrd directories, search engines and print directories.

Law at the Library is a series of presentations by lawyers about the law.
This event includes information about estate planning, including:
- Wills
- Trusts
- Power of attorney for healthcare
- Power of attorney for property
- Living wills

When someone enters a nursing home, it is likely that they own both exempt assets and countable resources. The countable resources must be consumed down to a certain limit ($2,000 for a single person) prior to Louisiana Long Term Care Medicaid eligibility. Exempt assets are not counted for purposes of initial Medicaid eligibility. The home is an exempt asset. So, it's important to understand the Medicaid definition of the home, under what circumstances you can transfer the home out of your name, and whether Medicaid will have Estate Recovery rights when you die.
In general, the home is described as property in which someone has an ownership interest and that serves as his or her principal
place of residence. Home property includes: the house or lot which is the usual residence, all contiguous property, and any other buildings on the home property. Property is contiguous to the residence if it is touching the residential property (even corner to corner) and is not separated by property owned by others. Property separated by a public right of way, such as a road, is considered contiguous.
If a person, in 2018, has more than $572,000 of equity in their home, then the excess in not exempt. If they own a home out of state, then, generally, it is not exempt. And if you list your home for sale, then it is no longer an exempt asset.
In certain circumstances, one can transfer their home to another person prior to applying for Medicaid, without incurring penalties. This is important because if you take the home out of your estate, then Medicaid will not have estate recovery rights when you die.
You can transfer your home to a child who is blind or permanently and totally disabled as defined by SSI at the time of the transfer. You can also transfer your home to a child, without penalty, if the child is age 21 or over, is not blind or permanently and totally disabled, was residing in the home for at least two years
immediately before the date the individual became institutionalized, and provided care to the individual allowing the individual to reside at home, rather than in an institution.
A note exists to the above exception that provides:
The exception must be documented by written statement
from physician indicating his/her knowledge that during the
preceding two years, the individual’s child was present in the
home as the primary care giver and if not for the care
provided by the child the individual would have required care in an institution (nursing home).
Finally, if the home is in your name when you die, it will be part of your Louisiana Succession and thus, subject to Louisiana Estate Recovery rights. People often thing the home is "home-free" because it is an exempt asset. However, after a Medicaid recipient dies, if the home is in the recipient's Louisiana Succession, then Medicaid can seek reimbursement from the Succession, forcing the Succession to sell the home to pay the Succession debt.
This post is for informational purposes only and does not provide legal advice. Please do not act or refrain from acting based on anything you read on this site. Using this site or communicating with Rabalais Estate Planning, LLC, through this site does not form an attorney/client relationship.
Paul Rabalais
Louisiana Estate Planning Attorney
www.RabalaisEstatePlanning.com
Phone: (225) 329-2450

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Too often people do not get around to making a will. The problem is there is no deadline to make sure it is done before your death, and people do not like to think about dying. It is important to remember that if you die without a will state law dictates what happens to your property and assets and a court of law may determine who has custody of your children.
While mortality is a difficult topic to discuss or think about, leaving your family with large financial decisions isn't pleasant either. Start by assessing your overall financial picture -- your net worth. You need to identify not only your financial investment assets but also the value of your real and personal property.
Craft a will. With the assistance of an attorney, you can outline how you wish your estate -- your assets and liabilities -- to pass through after your death. Your assets along with your debt will need to be handled by your family. Identify anything that may need to be taken care of in case you are incapacitated. Check on taxes that may need to be paid by your estate. Remember to keep your will updated if you move, remarry, divorce, or experience any significant change in your life.
At the Dallas firm of The Nacol Law Firm PC, our lawyer Mark A. Nacol, offers more than three decades of experience in resolving probate matters and contested wills. Our trusted legal counsel has assisted numerous clients throughout Texas.
For more information on Texas probate law and will contests, from Dallas Attorney Mark Nacol, visit our blog or contact us today at (972) 690-3333.

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GOOD MORNING KUYA
Aired June 9, 2014 at UNTV 37
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In common law legal systems, a trust is a relationship whereby property is held by one party for the benefit of another. A trust is created by a settlor, who transfers some or all of his or her property to a trustee. The trustee holds that property for the trust's beneficiaries. Trusts have existed since Roman times and have become one of the most important innovations in property law.
An owner placing property into trust turns over part of his or her bundle of rights to the trustee, separating the property's legal ownership and control from its equitable ownership and benefits. This may be done for tax reasons or to control the property and its benefits if the settlor is absent, incapacitated, or dead. Trusts are frequently created in wills, defining how money and property will be handled for children or other beneficiaries.
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If you don't have a will when you die, your estate will be divided up based on the laws of Florida or the state where you live at the time of your death and the laws of any state where you own real estate and any other tangible personal property.
If you do not have a will, the laws of Florida may give you different results from what you had in mind.
Are you thinking about setting up a trust? Your circumstances and goals will determine the type of trust that is best for you. A consultation with Ron will help you decide which type will accomplish those goals.
Probate involves a great deal of paperwork to be filed and can be complicated and confusing for the uninitiated.
An attorney with court experience can aid in minimizing the time and expense involved and maximize any potential returns.
Call (772) 337-1146 for more information or go here:
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Notary
WHAT IS 'Notary'
A notary is a publicly commissioned official who serves as an impartial witness to the signing of a legal document. Document signings where the services of a notary are likely include real estate deeds, affidavits, wills, trusts and powers of attorney. The main reason a notary is used is to deter fraud. Notaries cannot refuse to witness a document based on race, nationality, religion or sex. BREAKING DOWN 'Notary'
A notary, also referred to a notary public, can be used as a way to create a trustworthy environment for the parties to an agreement. For a document to be notarized, it must contain a stated commitment. The document must also contain original signatures from the parties involved. Prior to the signing of a document, notaries ask for photo identification from the participating parties. A notary can refuse to authenticate a document if uncertain about the identity of the signing parties or there is evidence of fraud. The document then receives a notarial certificate and the seal of the notary who witnessed the signings.
The steps to becoming a notary vary state to state. Broadly, notaries must be 18 years old and reside in the state in which they are licensed. There are also limits to becoming a notary with prior convictions of felonies and misdemeanors. Costs to become a notary include training, supplies, a bond and the oath of office. Notaries are not able to give legal advice and can be fined for doing so. Also, notaries are not to act in situations where they have a personal interest.

Ms. Mary Sia consulted Atty. Rogelio Evasco about some legal matters about her problem to their land property.
Kaagapay
Aired November 25, 2014 at UNTV 37
Kaagapay features community-building works through public philanthropy and social works.
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(Sacramento) – Until this year, bequeathing a home or property to a loved one upon death was many times an expensive and lengthy process that included a very lengthy probate and high attorneys’ fees. But thanks to a new law, Assembly Bill 139, authored by Assemblyman Mike Gatto (D-Los Angeles), Californians can now fill out a simple document, known as a “Revocable Transfer on Death” (TOD) deed, which makes the process very simple and inexpensive. The form is one-page long, and typically costs around $25 to record. Traditional estate planning devices are still available for those who choose to use them, however Gatto’s legislation provides a cost efficient process, especially for lower income and middle class families. Watch this Assembly Access Video to learn more and to find out how to get a TOD form. http://www.asmdc.org/Gatto

WILLS FOR GAY AND LESBIAN COUPLES WHO HAVE NOT ENTERED INTO A CIVIL UNION OR REGISTERED AS DOMESTIC PARTNERS "SAVE MONEY AND PROVIDE FOR YOUR LOVED ONES " By Kenneth A. Vercammen
http://www.njlaws.com/wills_and_estate_planning_for_gay_couples.htm
As average Americans, we work 80,000 hours in a lifetime, or 45 to 55 years. In spite of all the resources and assets we earn, the vast majority of Americans with assets do not take the time to create a Will.
National statistics indicate that 80% of Americans die without leaving a Will. There are several reasons for this: fear of death; procrastination; and misinformation (people presume that only the rich or married with children need to have Wills). Whatever the excuse, it is clear that people would benefit from having a Will.
In the absence of a Will or other legal arrangement to distribute property at death, your partner cannot receive any assets and cannot administer your estate. The result can be lengthy delays and other problems. Individuals in gay or lesbian relationships need properly drafted Wills and estate planning documents more than straight persons. The probate laws generally provide if a person dies without a Will, their property goes to family, rather than a partner they had a relationship with for years or decades.
IF YOU HAVE NO WILL:
If you leave no Will or your Will is declared invalid because it was improperly prepared or is not admissible to probate: * State law determines who gets assets, not you * Additional expenses will be incurred and extra work will be required to qualify an administrator * Possible additional State inheritance taxes and Federal estate taxes * If you have no s Civil Union , spouse, or close relatives the State may take your property * The procedure to distribute assets becomes more complicated-and the law makes no exceptions for persons in unusual need or for your own wishes. * It may also cause fights and lawsuits between your partner and your family When your loved ones are grieving and dealing with death, they shouldn't be overwhelmed with disputes over property and Financial concerns. Careful estate planning helps take care of that.
THE FOLLOWING IS A SAMPLE OF A VARIETY OF CLAUSES AND ITEMS WHICH SHOULD BE INCLUDED IN A WILL FOR UNMARRIED PERSON:
1ST: DEBTS AND TAXES 2ND: SPECIFIC BEQUESTS TO PARTNER, CHARITY, ETC 3RD: DISPOSITION TO PARTNER 4TH: DISPOSITION OF REMAINDER OF ESTATE IF PARTNER IS PREDECEASED 5TH: CREATION OF TRUSTS FOR PARTNER 6TH: DISTRIBUTION TO CHILDREN OR TRUST FOR CHILDREN 7TH: OTHER BENEFICIARIES UNDER 21 8TH: EXECUTORS 9TH: TRUSTEES 10TH: GUARDIANS OF CHILDREN 11TH: NO SURETY OR BOND REQUIRED 12TH: POWERS 13TH: SELF PROVING WILL 14TH: PRINCIPAL AND INCOME 15TH: NO ASSIGNMENT OF BEQUESTS 16TH: GENDER 17TH: CONSTRUCTION OF WILL 18TH: NO CONTEST CLAUSE A Will must not only be prepared within the legal requirements of the New Jersey Statutes but should also be prepared so it leaves no questions regarding your intentions.
WHY PERIODIC REVIEW IS ESSENTIAL
Even if you have an existing Will, there are many events that occur which may necessitate changes in your Will. Some of these are:
* Domestic Partnership, Marriage, death, birth, divorce or separation affecting people named in your Will *Significant changes in the value of your total assets or in any particular assets which you own * Changes in your relationships * A change in your State domicile
* Death or incapacity of a beneficiary, or death, incapacity or change in residence of a named executor, or of one of the witnesses to the execution of the Will if the Will is not self- proving
*Annual changes in tax law
MAY I CHANGE MY WILL?
Yes. A Will may be modified, added to, or entirely changed at any time before your death provided you are mentally and physically competent and desire to change your Will. You should consider revising your Will whenever there are changes in the size of your estate. Beware, if you draw lines through items, erase or write over, or add notations to the original Will, it can be destroyed as a legal document. Either a new Will should be legally prepared by an attorney or a Codicil prepared by an attorney signed to legally change portions of the Will. More information at www.centraljerseyelderlaw.com
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Avenue, Edison NJ 08817
732-572-0500
www.njlaws.com

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Many probate courts place entire wills and asset lists in public record or make them available online. Learn about what goes public in probate from an estate planning and probate lawyer in this free video on estate law.
Expert: Brad Wiewel
Contact: www.texastrustlaw.com
Bio: Brad Wiewel is board certified in estate planning and probate by the Texas Board of Legal Specialization and has been practicing law since 1978.
Filmmaker: Demand Media

This demonstration will step you through the process of publishing a Notice online that you will soon apply to administer a deceased person’s estate.
Before you apply to the Supreme Court for an order confirming who is entitled to administer a person’s estate, you must first publish a public notice that gives advance warning of your application.
This Notice must be filed 14 days before you apply to the Court.
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NSW Online Registry
A case can be started, defended and listed in the NSW Online Registry; and now managed in the Online Court. Pioneered by NSW, Online Court requires minimal manual effort by staff, and provides a streamlined, accessible solution for legal practitioners, who no longer need to visit a registry office, or set foot in a court room before a hearing; a win-win situation for the community and legal profession, particularly those isolated by distance in rural and interstate areas.
The types of claims commonly made in the NSW Local Court, District Court, Supreme Court or Land and Environment Court may include:
- Damages for a car or motor vehicle accident
- Unpaid loan or rent money
- Unpaid work or services
- Appeal a licence or registration suspension
- Breach of contract
- Personal injury
- Defamation of character
- Probate matters
- Appeal a residential development application rejection or condition
- Tree disputes
- Aboriginal land claims
- Local government appeals
Before commencing or defending your case in the court, you may want to contact Law Access NSW or see information on the Law Assist website.
www.onlineregistry.lawlink.nsw.gov.au

The general principle of creating an express trust comes from Turner LJ in Milroy v Lord [1862] where it was stated that there must be a valid declaration of trust and also that the legal title must pass to the trustee.
Another general principle is that the settlor must have a proprietary right in the property they are establishing a trust over as per
Windeyer J in Norman v Federal Commissioner of Taxation [1963]. A person also cannot create a trust over property they will have a proprietary interest in in the future as per Re Brooks’ ST [1939]. There is an exception to this principle in cases of estoppel.
Once a trust has been created it cannot be undone by a settlor as per Paul v Paul [1882]. However the power to revoke a trust can be included in the trust instrument though this itself has tax implications. On the other hand beneficiaries can both enforce and revoke a trust as per Saunders v Vautier [1841].
In more specific examples a trust over personal property requires no formalities (M’Fadden v Jenkyns [1842]). This means they can be created orally (Paul v Constance [1977]) or even inferred by the courts (Re Kayford [1975]). The only exception is for shares that do have to be registered in the name of the trustee.
Trusts over land are normally created by way of a deed but in general they have to be completed in writing and signed by the settlor as per s. 53(1)(b) of the Law of Property Act 1925. All of the terms of the contract have to be included in one document as per s. 2 of the Law of Property (Miscellaneous Provisions) Act 1989. Trusts of land are governed by the Trusts of Land and Appointment of Trustees Act 1996.
Under s. 9 of the Wills Act 1837 a Will must be:
in writing
signed by the testator
signed/attested by two or more witnesses
An important exception from s. 53(2) of the Law of Property Act 1925 is that resulting, implied and constructive trusts do not require formalities.
The courts may also allow exceptions in cases of fraud or unconscionability (Rochefoucauld v Boustead [1897]).

Speaking at Moneylife Foundation's 100th seminar, Mr Vimal Punmiya, advised that to avoid confusions, one should make a will and nomination in favour of same person
"Many people have nominees who are not their legal heir, which later creates confusion. My advise is, make a will to clarify your wishes, and to avoid confusion, make your will and nominations in favour of one person," said Mr Vimal Punmiya, veteran chartered accountant and property expert.
Mr Punmiya, spoke in length about wills and nominations. A will is the best way to ensure transmission and distribution of physical assets although Nomination is enough to ensure transfer of possession. It is complex and you need to know the rules.
Making a Will is also essential if you have to make special provisions for children with special needs or helpers, care givers who have served you loyally or special friends and relatives. Inheritance laws do not recognise any of these.
Vimal Punmiya has been a Chartered Accountant for the past 35 years and Proprietor of Vimal Punmiya & Co. He has written a number of books on subjects like transfer of flats, stamp duty, registration, capital gains, etc. He has been a prominent speaker at various seminars—both, India and abroad—on topics of public interest like the Union Budget, Income-Tax and Audit Provisions and Stamp Duty & Registration, among other subjects. He has held top-ranking posts at various cultural organisations, and has also served as the co-chairman of the Company Law & Taxation Committee of the All India Manufacturing Organisation. Mr Punmiya is also the recipient of a number of prestigious awards from prominent trade bodies and voluntary organisations.
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Uploading contracts to an online database should not take too long, and with the right solution, there should be a way to quickly drag and drop them into folders. Of course, the contract management team may want to give some thought as to how those folders are categorized. In some industries, it may make sense to classify them by agreement type, whereas in others they may need to be grouped by timeframe or date. It is obviously important to do what makes sense for your company and to ensure everyone understands the classification system that is instituted. With this sort of well-oiled system in place, it is a lot easier to keep a handle on things.

Divide and Conquer.
This is another area that is very industry-dependent, but it is highly unlikely that any company can afford to have an entire contract team devoted to managing one portfolio. More than likely, it is more realistic to divvy up the team and the contracts so that there is a leader for each relevant sphere. The entire team will obviously have to coordinate and communicate, but resources must be allocated in the most efficient manner possible. In turn, this will allow for several individuals to keep an eye on a smaller batch of contracts, thereby facilitating those periodic reviews.
Outsource the Tedium to Technology.